The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1887-01-20

lands in the United Statea, -h'y agree ..-3 t.al
cess of securing the growth of forests about these
trpeless plains. If il we're possible TO more CT
feCtually check the frequent ana desuucuNG nj
which sweep over these regions, II Is OeIeNvu,
from our observations of otherpaTts OF our state o
similar character, that they would, IN course Vi
years, become Gcnsely timbeTed with native
forest growth, which would not only increase, Out
equalize the rainfall, as 10 make the crop Iall
ures from druuth almost unknown, ana greatly III
crease the prOductiYenes5 of the rich soil through
out the entire state.
STATE TROOPS AND MILITIA
respectfully refer you to the we'll merited trib-
ute paid by my predecessor to the efficient auu SUI
stantial aid which the citizen soldiery have been
found so ready to afford the executive in YIndlcat
inc the majesty of the civil law. All honor is due
these gallant and faithful officers and men, and to
the wisdom ana recognition OF your OOuieS CoHl-
menQ their just claims.
CONSTITUTIONAL AMENDMENTs.
Frequent changes in organic laws are to be de-
precated and avoided, tending as they necessarily
do to produce state of unrest and apprehension
in the public mind to beget spirit OF vaSsllauon
and of dissatisfaction on the part CT the people
But it should be remembered that the advance
ment OF community and its Development in
wealth and population produces change OF CIR
cum stances not .reseen by those charged with the
duty of framing the constitutions OF government.
And these changes neceesitate the adoption OF the
framework Of the government to new conditions
with which the law maker is confronted
Our endeavor should be to act with reasonable
conservatism III this az in all other matters OF
legislation, but at the same time we should not
continue TO tolerate evils which have become al
most insupportable, simply to avoid change or 10
interfere with tie designs of those for whom we
have profound reverence
The constitution under which we live, was
adopted with rare unauimity and most OF its pro
visions have been found salutary and satisfactory
after patient trial tor ten years, but even before
Dual ifa
merits were under discussion before the people,
grave apprehensions We're entertained by many
thoughtful and patriotic citizens that the system
OF Judicial procedure proposed IN the instrument
would be fOunQ by practical experience to be
wholly inadequate and insufficient for the wants
and interests of the eta c.
The distinguished and patriotic citizen who then
filled the executive chair, himself jurist of estab
lished reputation, took occasiOnin his first letter to
the Legislature to call attention to the apparent de-
fects III the judicial system ordained by that irstru
ment, and to urge its immediate and radical
amendment; and each legislature SINCE has de-
voted much valuable time to the discussion OF
amendments, which eliminated in 1881, by the
submission of a proposition of an amendment to
the people, to be rejected by small majority at
special election in which only fractional part of
the voters of the state participated.
The practical operation of our system for the
past ten years has demonstrated that our supreme
court, composed of only three judges, ia unable to
dispose of the business which comes before it, and
that too, without any fault on the part of its in
cumbents Various causes are assigned for this
accumulation, and it may be well for your honor.
abe bodies, by appru pirate methods, to inyest
gate and ascertain far it may be practicable,
what is contributing to this condition of affairs, in
order that the proper remedy may be applied.
If it be found that orr inferior tribunals are i'm
properly constituted, and that this defect has pre-
cipitated an unnecessary burden upon any of our
higher courts, it wOnld be the part of wisdom to
reform and reorganize the lower courts so as to
advance and enlarge their efficiency, and thus
avoid the evils under which we labor,
If it he found that our lower courts as at present
organized, are properly adapted to our interests
and need no change, and that the delays in the dis
position OF appeals Is attributable solely to the
inadequate force of the higher courts, then 1t is
equally our duty to apply remedy there, and to
provide additional force and facilities for the dis
patch of this important public business.
the loss to the state and its people by delay in
the disposition of cases on appe 10 inCalCulabe,
but if it could be estimated with any approximate
degree of certainty, it would be found that such
loss would far more than reimburse the state for
any additional OUTLAWS in the way of salaries.
1t has not unfIequently happened within my
own knowledge that appeals have been prosecuted
with solvent bonds in cases involving valuable
rights OF property to the citizen and the delay OF
decision was prOtraced that the successful liti-
CANT found, at the close of the litigation, that the
sureiies had become insolvent, ana the rights he
had sued for and recovered in the courts of his
state were lost to him because the state had failed
to furnish him that speedy remedy by due course
of law which he had right to expect and demand
az return for his allegiance and taxes.
This delay in the administrati of justice Is a
repruach to our civilization and stigma upon the
efficiency OF our government, and should be re-
moved as quickly rs possible.
1t is apparent to every observing man that under
the existing symtem the cost of unlimited con.
tinuances by agreement and consequent repetition
of officers fees and contingent Jail expenses the
manifest abuse OF the law designed to allow rea
sOnAOle pay to sheriff5 and attached witnesses
when forced to leave the county of their residence,
coupled with a lack of proper and certain punish
ment of those convicted of msdemean0rs, by
forcing them to pay or 90 to work, is heaping a
burden upon the state and counties for the admin
istratiOn of our criminal laws-simply enormous,
yet all to be paid by the people, and suggestive of
the fact that real retreucnment and reform must
necessarily begin at the bottom Us well as at the
top of or present system.
While it is far easier to find fault with any sys-
tenn or plan of procedure than it is to suggest the
details OF a remedy, doubtless there are come of
your honorable bodies who have already given
serious and anxious thought to this problem, and
who are prepared to submit matured propositions
for your favorable consideration.
TIE bar association of the state, at its annual
session during the last summer, as | learn from
the public prints have formulated a Comprehen-
sive plan OF amendment, and have appointed a
committee Of It's members to present the same for
legislative consideration, and while | am not suf-
iCenty familiar with its provisions TO speak ad-
yisedly to its utility, the high character of the
distinguished gentlemen and lawyers who have
formulated it, justify me in commenting it to your
careful and patriotic consideration, and in express
ing the hope that it will accomplish the most benif
icent results for the state, if adopted.